Questions Related to Rights of an Employee
The main aim of formulating employee rights is to protect the employees’ interests. Wages, freedom from discrimination, health and safety rules, disabled workers’ rights, unemployment benefits, workers’ compensation are some of the aspects that are covered under employee rights. Below are a few questions that have been answered regarding employee rights.
Q. A company in California has asked all the employees to work for a minimum of 32 hours a week; else the employees will not be eligible for any benefits. If a patient has to go to the hospital and another employee is not found to make up for the 32 hours, even then they would not be eligible for the benefits. Further, the employees are instructed to make use of the PTO for sick leave and holidays. What are the options that employees have in this regard?
In order for an employee to be eligible for the benefits, majority of the employers would want the employees to work for a minimum of 32 hours. However, one should not give up the PTO that has already been earned. Sick and vacation leaves are usually a part of the PTO. An employee is not required to be provided paid holidays, as per state law, if there is no work done. As an alternative, the employers allow employees to utilize their PTO. Employers can formulate varied leave policies for diverse work groups. However, there should be no discrimination based on gender, race, age, and other protected status. With the information available above, it does not seem that the employer has violated any law.
Q. If a former employee’s job search information is provided to a former employer by an outplacement company; do the rights of an employee get violated?
In the event that a former employer had hired the outplacement company to assist a former employee find a job; then it would not be considered as a violation of employment rights. Further, if the employee is receiving unemployment; it is legal for the employer to receive updates. The employer incurs a cost to find a job for the former employee. Considering this, the employer is allowed to receive updates regarding the job search.
Q. One is working for a company in the state of Pennsylvania. Does this person have the employee rights to get compensation from the employer if he/she is serving as a juror for Lehigh County?
The employer is not required to pay the employee when he/she is serving as a juror. However, the employer cannot terminate, demote or deny the benefits just because one is serving as a juror. One is eligible to receive $9.00 for the first three days of jury duty and $25.00 per day after the third day.
Q. An employee of a company in Florida is fired due to an argument with the manager who threatened to cause physical harm. What employee rights does this employee have?
Florida is an “at-will†employment state where the employer can fire the employee without any notice at any point of time or the employee may quit the job without a reason. However, in the presence of a written employment contract, a collective bargaining agreement (union) or discriminatory reason involving a historically protected class are exceptions to at-will employment. If the employee believes that he/she was physically threatened; then a police report or criminal charges may be filed against the manager. However, if it’s just a case of a manager not being nice, the law would consider that the employee elected to leave the job as he/she did not like it. The employee may also try to get an appointment to speak to the general manager and explain the circumstances under which he/she was fired and try to get the job back. If the employee is not successful in getting the job back, then he/she may file for unemployment and fight the case. It would be in the best interest of the employee to hire the services of a lawyer to fight the case if he/she was subjected to physical harm, violence or discrimination.
Employee rights may vary depending on the state and the company in which an employee is working; one may take the help of an employment lawyer to get more information about these rights in their respective states.
Q. A company in California has asked all the employees to work for a minimum of 32 hours a week; else the employees will not be eligible for any benefits. If a patient has to go to the hospital and another employee is not found to make up for the 32 hours, even then they would not be eligible for the benefits. Further, the employees are instructed to make use of the PTO for sick leave and holidays. What are the options that employees have in this regard?
In order for an employee to be eligible for the benefits, majority of the employers would want the employees to work for a minimum of 32 hours. However, one should not give up the PTO that has already been earned. Sick and vacation leaves are usually a part of the PTO. An employee is not required to be provided paid holidays, as per state law, if there is no work done. As an alternative, the employers allow employees to utilize their PTO. Employers can formulate varied leave policies for diverse work groups. However, there should be no discrimination based on gender, race, age, and other protected status. With the information available above, it does not seem that the employer has violated any law.
Q. If a former employee’s job search information is provided to a former employer by an outplacement company; do the rights of an employee get violated?
In the event that a former employer had hired the outplacement company to assist a former employee find a job; then it would not be considered as a violation of employment rights. Further, if the employee is receiving unemployment; it is legal for the employer to receive updates. The employer incurs a cost to find a job for the former employee. Considering this, the employer is allowed to receive updates regarding the job search.
Q. One is working for a company in the state of Pennsylvania. Does this person have the employee rights to get compensation from the employer if he/she is serving as a juror for Lehigh County?
The employer is not required to pay the employee when he/she is serving as a juror. However, the employer cannot terminate, demote or deny the benefits just because one is serving as a juror. One is eligible to receive $9.00 for the first three days of jury duty and $25.00 per day after the third day.
Q. An employee of a company in Florida is fired due to an argument with the manager who threatened to cause physical harm. What employee rights does this employee have?
Florida is an “at-will†employment state where the employer can fire the employee without any notice at any point of time or the employee may quit the job without a reason. However, in the presence of a written employment contract, a collective bargaining agreement (union) or discriminatory reason involving a historically protected class are exceptions to at-will employment. If the employee believes that he/she was physically threatened; then a police report or criminal charges may be filed against the manager. However, if it’s just a case of a manager not being nice, the law would consider that the employee elected to leave the job as he/she did not like it. The employee may also try to get an appointment to speak to the general manager and explain the circumstances under which he/she was fired and try to get the job back. If the employee is not successful in getting the job back, then he/she may file for unemployment and fight the case. It would be in the best interest of the employee to hire the services of a lawyer to fight the case if he/she was subjected to physical harm, violence or discrimination.
Employee rights may vary depending on the state and the company in which an employee is working; one may take the help of an employment lawyer to get more information about these rights in their respective states.
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